Code of Virginia - Title 3.1 Agriculture, Horticulture And Food - Section 3.1-966.1 (Repealed effective October 1, 2008) Civil penalties; action to enjoin violation; compromis...

§ 3.1-966.1. (Repealed effective October 1, 2008) Civil penalties; action to enjoin violation; compromis...

A. The Commissioner may bring an action to enjoin the violation of any provision of this chapter, or any regulation made pursuant thereto, in the circuit court of the county or city in which the violation occurs, or in the Circuit Court of the City of Richmond if the violation may affect more than one county or city. The Commissioner may request either the attorney for the Commonwealth or the Attorney General to bring action under this section, when appropriate.

B. Any person violating a provision of this chapter or regulations adopted thereunder may be assessed a civil penalty by the Board in an amount not to exceed $1,000. In determining the amount of any civil penalty, the Board shall give due consideration to (i) the history of previous violations of the person, (ii) the seriousness of the violation, and (iii) the demonstrated good faith of the person charged in attempting to achieve compliance with the chapter after notification of the violation.

C. Civil penalties assessed under this section shall be paid into the Weights and Measures Fund as established in § 3.1-949.2. The Commissioner shall prescribe procedures for payment of penalties which are not contested by persons. The procedure shall include provisions for a person to consent to abatement of the alleged violation and pay a penalty or negotiated sum in lieu of such penalty without admission of civil liability arising from such alleged violation.

Final orders may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. Such orders may be appealed in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

(1991, c. 605.)

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Last modified: April 16, 2009